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IN RE TRAVERSE

No. 13-9002.

753 F.3d 19 (2014)

In re Virginia A. TRAVERSE, Debtor. Mark G. DeGiacomo, Chapter 7 Trustee for the Estate of Virginia A. Traverse, Appellee, v. Virginia A. Traverse, Appellant.

United States Court of Appeals, First Circuit.

May 23, 2014.

Attorney(s) appearing for the Case

David G. Baker for appellant.

Tara Twomey , National Consumer Bankruptcy Rights Center, and Ray DiGuiseppe on brief for the National Association of Consumer Bankruptcy Attorneys, Amicus Curiae.

Mark G. DeGiacomo , with whom Keri L. Wintle and Murtha Cullina LLP were on brief, for appellee.

Before TORRUELLA, HOWARD, and KAYATTA, Circuit Judges.

HOWARD, Circuit Judge.

This case requires us to explore the contours of a bankruptcy trustee's lien avoidance and preservation powers under 11 U.S.C. §§ 544 and 551 when a debtor's state-law homestead exemption has been invoked.

In 2005, six years before filing a petition for Chapter 7 bankruptcy, Virginia Traverse secured a loan with a mortgage on her home. In the years before her bankruptcy and continuing...

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